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Precedential No. 19: TTAB Snoringly Rules on Motions to Compel Production and to Exclude Trial Witness

In this not-very-exciting, yet precedential, procedural ruling the Board denied Applicant's motion to compel production of documents because Opposer Byer claimed it had produced all responsive documents, and it granted in part Applicant's motion to exclude one Edward Manburg as a trial witness, limiting the scope of his potential trial testimony. Byer California v. Clothing for Modern Times Ltd., Opposition No. 91189238 (May 6, 2010).Motion to compel: Although the motion was denied, the Board pointed out that Applicant may seek to exclude from evidence any information or documents that Opposer should have produced in response to discovery requests.Motion to exclude: In its initial disclosures, Byer did not name Manburg as a person with knowledge of relevant facts...continue to full post

Full post as published by The TTABlog on May 28, 2010 (boomark / email).